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11-09-2004 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 9, 2004 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Eric Goodwin, Peace Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 26,2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM OCTOBER 5, 2004 2. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2004 3. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12544 -RESOLUTION FOR PURCHASE 2. ORDINANCE NO. 04-390 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R1 TO C4 AND R4 AS REQUESTED BY F ARR DEVELOPMENT (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 04-0392-ANORDINANCEREVISINGSECTION 91.41 REGULATING THE SALE OF SURPLUS PROPERTY VALUED UNDER $100 (c) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR DOLF MOON TO ATTEND THE NATIONAL GUARD BOSS LIFT PROGRAM IN JACKSONVILLE, FLORIDA FROM NOVEMBER 17 -19,2004 (d) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR HOLLY RYMER TO ATTEND OPERATIONS AND MAINTENANCE TRAINING IN RIO RANCHO, NEW MEXICO (e) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN HUTCHINSON SCHOOL DISTRICT AND THE CITY OF HUTCHINSON FOR USE OF FACILITIES (t) CONSIDERATION OF ACTIVATION OF DEFERRED ASSESSMENT ROLL NO. SA-5059C (FORMERLY SA-5059A) (g) CONSIDERATION OF ACTIVATION OF DEFERRED ASSESSMENT ROLL NO SA-058C, SA-059C, SA-073B, SA-080C, SA-092A, SA-239B, SA-259B (FORMERLY SA-058, SA-059, SA-073, SA-080, SA- 092, SA-239, SA-259) (h) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENTS WITH TKDA AND SEH CITY COUNCIL MINUTES - NOVEMBER 9, 2004 (i) CONSIDERATION FOR APPROVAL OF PARKING LOT IMPROVEMENTS AT PLAZA 15 AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Motion by Peterson, second by Arndt, to approve consent agenda. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF REVISING ORDINANCE NO. 73.17 - AN ORDINANCE REGULATING MOTORIZED SCOOTERS (SECOND READING AND ADOPTION) Mayor Torgerson read a letter from a Highway Patrolman stating the Minnesota State Law bans scooters on public property already so why does the City have to pass an ordinance banning them also. Atty. Sebora commented on the past history of motorized scooter use and the ordinance proposed. He stated the vehicles are not illegal but are illegal to operate in public places. The present law considers violation of the law a misdemeanor and the ordinance would consider the violation a petty misdemeanor. He explained Chief Hatten would like to include an exemption for medical purposes permitted only by the Police Department. Tony Anderberg, High School student and stockperson at Cashwise Foods, stated scooters do get in the way of customers and staff. He reported it is a safety issue. Council Member Peterson stressed by State law it is illegal to operate these vehicles on public property. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Stotts, to approve option number 2, punishable as a petty misdemeanor, second by Peterson, to approve revising ordinance No. 73.17 regulating motorized scooters. Council Member Peterson stated the scooters can only be used on private property. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 04-388 - AN ORDINANCE GRANTING FRANCHISE TO RAYMOND AND LUCILLE KRUEGER AT 166 _10TH AVENUE NE TO INSTALL AND MAINTAIN A FENCE LOCATED IN CITY RIGHT-OF-WAY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 23, 2004) John Rodeberg explained the concerns by the Kruegers regarding various vehicles driving on park property next to their property. He commented on the City attempt to keep vehicles off private park property. He explained the Kruegers would like permission to place a split rail fence in the public right of way to keep vehicles off their yard. This would require a franchise agreement with the City to place the fence on public right of way. Mr. Rodeberg explained the ordinance would require them to maintain the fence and landscape. Proof of liability insurance is required and the fee could be waived if the Council would approve. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Arndt, to approve Ordinance No. 04-388 granting a franchise to Raymond and Lucille Krueger at 166_10th Ave. N.E. to install and maintain a fence located in City right-of-way. Motion carried unanimously. (c) CONSIDERATION OF ORDINANCE NO. 04-391 - AN ORDINANCE GRANTING FRANCHISE TO INDEPENDENT SCHOOL DISTRICT 423 FOR ACCESS TO A DRIVEWAY AT PARK ELEMENTARY SCHOOL (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 23, 2004) Atty. Sebora explained when the City granted the school district's vacation request the agreement was the provision of granting a franchise for a driveway serving Park Elementary School from the west. This request by the School Distnct is to use access driveway across parkland to Park Elementary school. He stated the franchise would be for a period of 20 years at a fee of $50 per year. Dr. Windell stated they support the franchise and as a representative of the school district, would like to 2 CITY COUNCIL MINUTES - NOVEMBER 9, 2004 thank the City for coming to an agreement with the school district. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to approve Ordinance No. 04-391 granting franchise to Independent School District 423 for access to a driveway at Park Elementary School. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION ONBIOSOLIDS DRYING PROJECT Randy DeVries introduced Mr. Ed Nevers, project engineer. Mr. Nevers explained he has been with the project through preliminary, final and approval to accept. He commented on the project history from 1992 to the present stating this is a class A project. He explained the processes and progress. He stated the project was voted Best of State and will be going to the National competition. Council Member Arndt asked if the City uses all the product. Mr. Nevers stated the Class B product is used on the farm fields and the Golf Course uses the Class A product. Atty. Sebora sJated acceptance of the project must be passed by resolution at the City Council meeting November 23f and placed on the consent agenda. (b) UPDATE ON SANITARY SEWER REPAIR NEAR CROW RIVER DAM John Rodeberg updated the Council on the repair inside the pipe. He stated it has been repaired and no sewage is running into the river presently. He reported this should not be a health issue. (c) UPDATE ON VALUE ENGINEERING (VE) TEAM MEETING FOR WATER TREATMENT PLANT John Rodeberg commented on the meeting and ideas to reduce costs and improve efficiency. He explained there will be more meetings to complete the process. 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERTION OF APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF COMMUNITY BUILDING AT PLEASANT ACRES, 213 NORTH HIGH DRIVENW WITH STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 12543) Julie Wi schnack commented on the request and the special Planning Commission meeting held to discuss the issues with the project. She explained the proposal for a club house building and outdoor swimming pool. She reported the amenity will be the only one in Hutchinson. She commented on the location of the building and the need for a Conditional Use Permit in the R4 zoning district. John Rodeberg commented on the development and the issues which have been addressed for public safe!y. Council Member Haugen stated 56 additIOnal parking spaces will help with the parking problems. JulIe Wi schnack stated the property owner did recognize the need for additional parking. Motion by Haugen, second by Stotts, to approve Conditional Use Permit to allow construction of community building at Pleasant Acres, 213 North High Drive N.W. and adopt Resolution No. 12543. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS 3 CITY COUNCIL MINUTES - NOVEMBER 9, 2004 Bill Arndt - Council Member Arndt congratulated the Hutchinson football team on their win. He also questioned why the Hutchinson citizens can not easily purchase compost. Gary Plotz stated we do sell to citizens. The traffic has increased drastically making it difficult for the public to access the compost site. He stated the advisory committee will discuss providing service to the citizens. He reported a new drop off site would alleviate some traffic. Mayor Torgerson explained he researched the problem with Steve Madson. He stated some product is sold to the area landscaping companies for availability to the public in bag or bulk. Gary Plotz stated the colored wood chips have been popular and the landscapers would prefer the city go through them and not be in competition. That would take the activity off the site. Council Member Arndt asked if the City could have a dump site so people would not use the ditches in the area to dump debris. Gary Plotz stated this is a county wide problem and the County has a fund to promote the special pick up in the Fall and Spring. It could be brought up to the County Solid Waste Committee. Kay Peterson - Council Member Peterson reminded the Council of the Open House at the McLeod County Solid Waste Building on November 15, 2004 from 3:00 p.m. to 7:00 p.m. Gary Plotz - Mr. Plotz stated the YF .W. 906 Auxiliary is requesting renewal of their gambling license for a drawing to be held on December 23,2004. Motion by Stotts, second by Arndt to approve the gambling license. Motion carried unanimously. Marlin Torgerson - Mayor Torgerson commented on the Local Government Aid to various cities of 21 cities researched, Hutchinson was number 20 in the amount of aid granted. He stated the average is $4,473,000 and Hutchinson receives $1.9 million. Bill Arndt congratulated Ms. Peterson, Mr. Stotts and Mr. Cook on the recent election. Steve Cook, 728 Juul Road, questioned a consent agenda item pertaining to the parking lot at Plaza 15. John Rodeberg stated this was to request a petition to look at the project and has to be a public hearing for a future meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Peterson to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:43 p.m. 4